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Unofficial Translation TABLE of CONTENTS Introduction Chapter I Unofficial translation TABLE OF CONTENTS Introduction Chapter I. The situation in Turkmenistan for ensuring and observing the rights of man and citizen: 1. Socio-economic and cultural rights; 2. Civil and political rights Chapter II. Establishment of the institution of the Ombudsman of Turkmenistan and organization of its activity Chapter III. Analysis of the activity during the reporting period Chapter IV. Analysis of handling complaints Chapter V. Inquiries and recommendations of the Ombudsman Chapter VI. Participation of the Ombudsman in public activities Chapter VII. International co-operation Chapter VIII. Conclusions and proposals Introduction This Report is the first report on the activity of the Ombudsman of Turkmenistan (hereinafter referred to as the Ombudsman) and encompasses both the analysis of the work implemented during the first year of her activity and the situation in the country in the field of human rights. The Report is drawn up in accordance with the adopted by Turkmenistan on November 23, 2016 and entered into force as of January 1, 2017 the Law ‘On the Ombudsman’, based on which an annual presentation of the Report to the consideration of the President of Turkmenistan is a specific functional duty of the Ombudsman. Also, the Ombudsman will present this Report to the Mejlis of Turkmenistan and it will be promulgated in Turkmenistan’s media. The key objectives of the Report are as follows: familiarizing the public authorities, local self-government bodies, international organizations and civil society with the activity of the Ombudsman’s Office in 2017 and the situation with human rights in Turkmenistan for the same period; making available to the public the objectives and tasks of the Ombudsman on protection and promotion of human rights and freedoms in Turkmenistan and results of her activity; enhancing legal literacy of citizens on human rights and freedoms, forms and means of their protection; raising awareness on the developed recommendations for elimination and prevention of violation of human rights and freedoms, improvement of legislation and law enforcement practices in the field of human rights protection, actions to expand mutually beneficial co-operation of the Ombudsman with public authorities, international organizations and civil society. The Report is comprised of eight chapters covering the following: Chapter I. Situation in Turkmenistan for ensuring and observing the rights of man and citizen; Chapter II. Establishment of the institution of the Ombudsman of Turkmenistan and organization of its activity Chapter III. Analysis of the activity during the reporting period Chapter IV. Analysis of handling complaints Chapter V. Inquiries and recommendations of the Ombudsman Chapter VI. Participation of the Ombudsman in public activities Chapter VII. International co-operation Chapter VIII. Conclusions and proposals Given that this Report is an inception report, the considerable attention was paid to the establishment of an independent institution, key priorities of its activity, and co-operation with international entities, interaction with non-governmental public organizations. The key efforts during the preparation of the Report were aimed at the identification of existing issues in the field of human rights, relevant conclusions and proposals, means and mechanisms to address them, that, in our opinion, would positively impact further consolidation of legal culture and democratization process in the country. Chapter I. Situation in Turkmenistan for ensuring and observing the rights of man and citizen: 1. Socio-economic and cultural rights 2. Civil and political rights As it is known, the Basic law – Constitution of Turkmenistan, adopted in a new revision in September, 2016 clearly stipulates that in our country the people are the highest value of the society and the state, and the main objectives of public authorities are to serve and support them. It also specifies that in the country established the rule of law, the rights and freedoms of an individual are inviolable and inalienable. Turkmenistan in every possible way supports all internationals norms aimed at ensuring rights and freedoms of the citizens, their security, mutual understanding and harmonious enhancement of their actions, as the main areas of maintaining the peace. These areas are also reflected in the new revision of the Constitution of Turkmenistan, national laws, social programmes and documents. The provision of Article 9 of the Constitution of Turkmenistan stating that ‘Turkmenistan shall recognize the priority of the universally recognized norms of international law’ is an example of this. The national legislation comprises established specific universal norms, such as fair rights and freedoms of citizens, favourable civil and political sovereignties. The norms inherent to humanity and specified in the Universal Declaration of Human Rights that was adopted in 1948 and has been served as a fundamental international norm during 70 years, found their place in the national legislation of Turkmenistan. These norms can also be traced in humanitarian traditions and rites of our ancestors acquired during the thousand years of their life. This is why, universal norms of the Declaration and international law that found their place in the wise traditions and rites serving as a basis for the public life of our people, are clearly and distinctly specified in the second section of the Basic Law of Turkmenistan, that is the section on ‘Rights, freedoms and duties of man and a citizen of Turkmenistan’, and also are reflected in other legal acts based on the provisions of the Basic Law. At the same time, it is imperative to look at some laws passed as a result of systematic harmonization of national legislation with the universally recognized international norms aimed at provision and protection of human rights. These are the introduction into the new revision of the Constitution of Turkmenistan of the provision stipulating the establishment of the Ombudsman institution and the procedure of his/her appointment, as well as the adoption in 2016 of the Law of Turkmenistan ‘On the Ombudsman’. It is worth noting that in 2017, a Law was adopted establishing the legal foundation for the principles and procedural rules of the work carried out by administrative bodies with relation to adoption, implementation or repealing of administrative acts aimed at safeguarding the observation of human rights and freedoms and the rule of law. The Law has come into force as of January 1, 2018. Legal human rights safeguards. We believe that while discussing here the harmonization of national experience with international principles, it would be appropriate to not be limited by their implementation into the national legislation, but also highlight the facts confirming the practical realization of universally recognized international norms in our country. The state policy of the esteemed President of Turkmenistan is aimed at the continuous strengthening of democratic foundations, ensuring constitutional rights and freedoms of an individual, and improving the procedure of handling of public complaints and appeals. In this regard it should be noted that in February 2007, the President signed a Decree ‘On the Establishment of the state committee on handling complaints and appeals of citizens on the issue of the activity of law enforcement agencies’. The evidence the country attaches great importance to the solution of issues in the field of human rights and freedoms is, that in order to co- ordinate the work on the implementation by Turkmenistan of international legal obligations, an Interagency commission for ensuring the implementation by Turkmenistan of international human rights commitments was established by the Decree of the esteemed President in 2007, and in order to improve the work of the Commission, its powers and composition were expanded. On August 12, 2011 was established the Interagency commission for ensuring the implementation by Turkmenistan of international human rights obligations and international humanitarian law. Having said that, it is worth noting that in order to improve the international co-operation on human rights, introduce international standards in the national legislation and implement them, improve the moral law and culture of the people, the Head of state has approved long- term plans and programmes that are clearly coming to fruition. The National Action Plan of Turkmenistan on gender equality for 2015-2020 (22.01.2015), the National Human Rights Action Plan of Turkmenistan for 2016-2020 (15.01.2016), the National Action Plan of Turkmenistan on Combatting trafficking in persons for 2016-2018 (18.03.2016), approved by the Resolution of the esteemed President of Turkmenistan may serve the obvious examples of it. The national action plans were adopted in order to strictly observe economic, social, cultural, civil and political rights of man and citizen. And, in accordance with the universally recognized norms of international law, Constitution and laws, the economic, social, cultural, political and civil rights and freedoms are fully guaranteed for citizens. 1. Socio-economic and cultural rights. Turkmenistan ratified the International Covenant on Economic, Social and Cultural Rights in 1996. The provisions of this Covenant are being implemented into the national legislation within the legal reform carried on in the country. Ensuring realization of the rights recognized under the Covenant, further achievement of the Covenant’s
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